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FLUEHR v. CITY OF CAPE MAY

732 A.2d 1035 (1999)

159 N.J. 532

William FLUEHR, Plaintiff-Respondent, v. CITY OF CAPE MAY, Defendant-Appellant, and John Doe and County of Cape May, Defendants.

Supreme Court of New Jersey.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Gerald J. Corcoran, Pleasantville, for defendant-appellant (Youngblood, Corcoran, Aleli, Lafferty, Stackhouse, Grossman & Gormley, attorneys; Mr. Corcoran, William L. Gormley and Phyllis Coletta, on the brief).

Gregory Marchesini, Philadelphia, for plaintiff-respondent (Sandler & Marchesini, attorneys; Paul N. Sandler, on the brief).

Ronald E. Hoffman, Toms River, submitted a brief on behalf of amicus curiae Ocean County Joint Insurance Fund (Hiering, Hoffman and Gannon, attorneys; Mr.

Hoffman and Michael J. McKenna, on the brief).

Stephen J. Foley, Jr., Asbury Park, and Philip G. Mylod, Lavallette, submitted a joint brief on behalf of amici curiae the New Jersey Chapters of Surfers' Environmental Alliance and Surfrider Foundation (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys for Surfers' Environmental Alliance and Mr. Mylod, attorney for Surfrider Foundation).

The opinion of the Court was delivered by COLEMAN, J.

This is a sad case in which a bather broke his neck while swimming at a public beach on the New Jersey shore. The legal issues are whether the New Jersey Tort Claims Act's (TCA) immunity for unimproved public property, N.J.S.A. 59:4-8, applies to a claim filed by a surfer for injuries caused by a large wave while using an oceanfront beach, and whether the surfer's own conduct was the legal cause of his accident...

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